Should my business use TM, SM, or ® (R circle) to protect my trademark?

Should my business use TM, SM, or ® (R circle) to protect my trademark?

My business does not own a federal registration

Your business may use the TM symbol or SM symbol (service mark) any time after you begin using your mark in commerce. In other words, neither use requires registration. In fact, it’s suggested that if you have not obtained a registration for your trademark you should use either TM or SM to signify your claim of ownership. These symbols give notice to third-parties that you are claiming the name as your trademark/servicemark. Such, use can help in establishing common law rights. The United States Patent and Trademark Office does not regulate the use of TM or SM. TM (Trademark) refers to businesses selling goods, whereas SM (Servicemark) refers to selling services.

Use ™ or ℠ depending on whether you sell goods or services, respectively

My business owns a federal registration

A federal trademark registration reserves the trademark for your business use and affords you certain benefits. Only federally registered trademarks may use the R circle symbol (®). Those using the R circle symbol without a federal registration may be committing fraud.

Use ®

Business trademark symbol summary

While you are procuring your rights to a federal registration use the TM symbol or SM symbol. Lastly, if you seek nationwide ownership of your trademark your best option is to obtain a federal trademark registration.

Law Firm Info

This website is for general information purposes only. The information on these pages should not be considered as legal advice. Testimonials reflect results achieved on behalf of one client,
which does not necessarily reflect that similar results will be obtained for other clients. The testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. TRADEMARK ATTORNEY ADVERTISING. * Statistics based on total number of U.S. federal trademark applications filed in 2015, 2016, and 2017 and listed within the top 100 law firms in the U.S. for the respective year. Formerly Law Firm of Sausser & Spurr, LLC.